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Use Justice Steven's logic against him?
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Originally posted by Alan GuraThe Second Amendment now applies to state and local governments. Our lawsuit is a reminder to state and local bureaucrats that we have a Bill of Rights in this country, not a Bill of NeedssigpicOriginally posted by hoffmang12050[CCW] licenses will be shall issue soon.
-Gene -
Woops, had read Heller for some reason. At any case, case can be made for the last decade the Heller dissent also wrote the majority.
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The case as cited would be very bad for that agenda. SCOTUS has ruled that we have a constitutional right to travel, but has fallen short on giving federal authority to protect that right.Originally posted by Alan GuraThe Second Amendment now applies to state and local governments. Our lawsuit is a reminder to state and local bureaucrats that we have a Bill of Rights in this country, not a Bill of NeedssigpicOriginally posted by hoffmang12050[CCW] licenses will be shall issue soon.
-GeneComment
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If the Court applies a First Amendment type analysis in NYRPA, then we could see a national right to carry subject to "reasonable" time, place and manner restrictions. the hard question will be "what is reasonable?" the Court has already signaled in Heller that restrictions in government buildings and schools is permissible, but will that lead to an affirmance of the GFSZA? If the GFSZA is affirmed along with its 1000' exclusion zone, added to the current Appeals Courts' affirmance of bans on unlicensed concealed carry, urban carry pretty much goes out the window in restrictive states such as California, etc etc.Comment
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There only way to happens is off we pass a new law in the model of the voters right act. Where localities that were 2a hostile must get pre clearance before passing any gun law. That will shut down the pass the law for political reasons only to watch it over turned years later. It would also put those leftist judges on notice that this collective right bs and their other insanity trying to ignore the second won't be allowed anymore.Comment
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There are a number of ways this can happen but a decision needs to be made at the federal level once and for all That being do states have to follow the constitution or not? If they do then enforce that if not lets admit we don't have a real active constitution in this country and move on. This constant back and forth in the courts with nothing really being resolved needs to stop.There only way to happens is off we pass a new law in the model of the voters right act. Where localities that were 2a hostile must get pre clearance before passing any gun law. That will shut down the pass the law for political reasons only to watch it over turned years later. It would also put those leftist judges on notice that this collective right bs and their other insanity trying to ignore the second won't be allowed anymore.Comment
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